Document 39069

1099 Independent
Contractor's Agreement
This Independent Contractor's Agreement (Agreement) is entered into this __
, 20_,
day of
Month
by and between _~H=o=m=e..::B=o=un=d..::L=L"-"C,,,,(the "Company"), and
-:--:-_-,----::--
Company Name
_
Independent Contractor
("Contractor"), in consideration of the mutual promises made herein, as follows:
Terms of Agreement
This Agreement will become effective on the
until:
11112012
day of
" 20-, and will continue in effect
1. Services to be Performed
1. A. Specific Services. Contractor agrees to: perform services as an independent inspector for the
company on homes in foreclosure. You will be responsible for successfully completing inspections
according to the work order specifications. Repeated failure to complete an inspection correctly,
2. communicate effectively and perform inspections within the specified time frame will result in non
payment for the work preformed and may result in termination of the contractor agreement.
3. At no time can an inspector request to change a coverage area. Failure to cover one portion of the
coverage area will result in reassignment of the entire area of coverage. The company, will not deduct or
withhold any taxes, FICA or other deductions. As an independent contractor, you will not be entitled to
any fringe benefits, such as unemployment insurance, medical insurance, pension plans, or other such
benefits that would be offered to regular employees.
4. While working as an independent inspector for the company you may be in contact with or directly
working with private information which is important to our company and its competitive position.
Therefore you are prohibited from sharing any employer operations, trade secrets, or sensitive
information such as customer/client lists, business practices, products or services and marketing plans ect.
All information must be treated with strict confidentiality and can not be used at any time or in any
manner in work you may do with others in our industry. It is prohibited to discuss pay information with
other contractors.
5. Any attempt on the part of the contractor to induce others to leave the company or any effort by
the contractor to interfere with the Companies relationship with its other employees and
contractors would be harmful and damaging to the Company. The contractor agrees that during
the term of the agreement with the Company, the Contractor will not in any way, directly or
indirectly:
a. induce or attempt to induce any other contractor or employee of the Company to quit! term
their contract;
b. otherwise interfere with or
contractors·
c. discuss employment opportunities or provide information about competitive employment
to any of the Companies employees or contractors; or
d. solicit, entice, or hire away any contractor or contractor of the Company.
This obligation will be limited to those that were employees or contractors of the Company when the
Company contracted the Contractor.
The company acknowledges that the independent contractor is free to work elsewhere at any time.
As an independent contractor for the company, you agree to be able to provide and or meet all the minimum
requirements that will be needed to produce a contracted work order inspection. The minimum requirements are:
Reliable Transportation
Computer Access fEmail Access
ScannerlPrinter
Digital Camera with date stamp capability
Basic Office Supplies
GPS system
General Liability Insurance
Able to follow specific directions, as defined on inspection work order.
B. Method of Performing Services. Contractor will determine the method, details, and means of
performing the above-described services.
C. Employment of Assistants. Contractor may, at Contractor's own expense, employ such assistants, as Contractor
deems necessary to perform the services required of Contractor by this Agreement. The Company may not control,
direct, or supervise Contractor's assistants or employees in the performance ofthose services.
2. Compensation
A. Flat Fee. In consideration for the services to be performed by Contractor, the Company agrees to pay Contractor
the sum of __
(See pricing agreement)
dollars ($
), upon completion of the work to be
performed. Independent contractors will be responsible for all insurance, payroll and administrative fees.
3. Duties of Contractor
A. Minimum Amount of Service. Contractor agrees to devote a minimum of 120
hours per month to the
performance of the above-described services. Contractor may represent, perform services for, and be employed by
such additional clients, persons, or companies as Contractor, in Contractor's sole discretion, sees fit.
B. Hours. Contractor agrees to perform the above-described services on Company premises during the Company's
regular business hours, which are between
8
A.M. and 6
P.M.
C. Tools and Equipment. Contractor will supply all tools and instrumentalities required to perform the services
under this Agreement.
E. Liability Insurance. Contractor agrees to maintain a policy of insurance in the minimum amount of ~
million
Dollars ($
$1,000,000
) to cover any negligent acts committed by Contractor or Contractor's
employees or agents during the performance of any duties under this Agreement. Contractor further agrees to hold
the Company free and harmless from any and all claims arising from any such negligent act or omission.
F. Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by
Contractor without the prior written consent of the Company.
4. Obligations of the Company
A. Cooperation of the Company. The Company agrees to comply with all reasonable requests of Contractor
necessary to the performance of Contractor's duties under this Agreement.
B. Place of Work. The Company will not furnish space on the Company's premises for use by Contractor while
performing the above-described services.
C. Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by the
Company without the prior written consent of Contractor.
5. Termination
of Agreement
Termination upon Notice. Notwithstanding any other provisions ofthis Agreement, the Company may terminate
this Agreement at any time. The contractor may terminate this agreement by giving ..J.Lday written notice to the
company.
Failure to meet any requirements of an inspection order may result in immediate termination of this agreement.
Once agreement is terminated by either party, any work not entered into the system will not be accepted. Unless
otherwise approved by Management. Upon approval contractor will only have 24 hours after termination to submit
any outstanding work.
6. General Provisions
A. Notices. Any notices to be given hereunder by either party to the other may be effected either by personal
delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be
addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party
may change that address by written notice in accordance with this paragraph. Notices delivered personally shall be
deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three
(3) days after the date of mailing.
B. Entire Agreement. This Agreement supersedes any and all agreements, either oral or in writing, between the
parties hereto with respect to the rendering of services by Contractor for the Company, and contains all of the
covenants and agreements between the parties with respect to the rendering of such services in any manner
whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be
valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to
be charged.
• I I
C. Severability. f any provision of this Agreement is eta y a court
of competent jurisdiction to e invalid, void,
or unenforceabl , the remaining provisions shall nevertheless continue in full force without hein impaired or
invalidated in any way.
D. Arbitration. Any controversy between the parties hereto involving the construction or application of any of the
terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be
submitted to arbitration. The arbitration will comply with and be governed by the American Arbitration
Association. The parties will each appoint one person to hear and determine the dispute and if they are unable to
agree, then the two persons so chosen will select a third impartial arbitrator whose decision will be [mal and
conclusive on both parties. The cost of arbitration will be borne in such proportions as the arbitrators decide.
Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
E. Liquidated Damages. It is agreed that in the event of a breach of this Agreement by Contractor, it would be
impracticable or extremely difficult to fix the actual damages and, therefore, Contractor will pay to the Company as
liquidated damages and not as a penalty, the sum equal to amount of damages. This amount will represents a
reasonable compensation for the loss incurred because of the breach.
Governing
Law
This Agreement shall be governed by and construed in accordance with the laws of the State of
Kentucky
State
Employer
Contractor
Representative's
Signature
Signature
Date
Date